Tracy Ann Taylor v Olga Savik & Anor

Tracy Ann Taylor v Olga Savik & Anor

Costs were awarded to the first respondent on the indemnity basis due to the trustee's late disclosure of documents and failure to abandon claims barred by statute in a timely manner. Interest at 8% was awarded only on unpaid solicitors' costs, not on other costs, due to lack of evidence of actual loss. A payment on account of two thirds of the total claimed was ordered. The second respondent, as a litigant in person, was awarded costs at the prescribed rate for 500 hours, reflecting reasonable time spent. The counterclaim was transferred to the County Court at Leeds for further directions.

Parties
Applicant: Tracy Ann Taylor; First Respondent: Olga Savik; Second Respondent: Philip Ryle
Jurisdiction
England and Wales
Judgment Date
10 January 2024
Procedural Posture
Civil / Supplementary Judgment on Consequential Matters (costs) After Trial
Outcome
Application dismissed on all grounds; costs and consequential orders made.
Legal Topics
Costs Assessment, Indemnity Costs, Interest on Costs, Litigant in Person Costs, Counterclaim Transfer
Civil Procedure Bankruptcy Property Law Costs Assessment Indemnity Costs Interest on Costs Litigant in Person Costs Counterclaim Transfer

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Parties

Tracy Ann Taylor

Applicant

Olga Savik

First Respondent

Philip Ryle

Second Respondent

Procedural Posture

Civil / Supplementary Judgment on Consequential Matters (costs) After Trial

Legal Issues

  1. 1 Whether costs should be awarded on the indemnity basis against the trustee
  2. 2 Whether interest on costs should be awarded and at what rate
  3. 3 What is a reasonable payment on account of costs

Ratio Decidendi

Costs were awarded to the first respondent on the indemnity basis due to the trustee's late disclosure of documents and failure to abandon claims barred by statute in a timely manner. Interest at 8% was awarded only on unpaid solicitors' costs, not on other costs, due to lack of evidence of actual loss. A payment on account of two thirds of the total claimed was ordered. The second respondent, as a litigant in person, was awarded costs at the prescribed rate for 500 hours, reflecting reasonable time spent. The counterclaim was transferred to the County Court at Leeds for further directions.

Court Disposition

Application dismissed on all grounds; costs and consequential orders made.

Orders

  • Stay on transaction at undervalue and fraud on creditors issues lifted; application dismissed on all grounds.
  • Trustee to apply to remove all restrictions on the property at the Land Registry.